Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... 2007, based upon the pleadings, as well as the proof affidavit, supported by documents, while evaluating the matter, has come to the conclusion that the complainant has not proved that the capacitor was not functioning properly, by producing the log book, which should be the best evidence and in this view, find fault with the complainant, that he has not made out a ..... complainant will not come within the meaning of consumer, resisted the complaint, inter alia contending further that only at the request of the complainant, the opposite party provided an automatic relay/capacitor, which was installed, functioning properly, for which, log book is maintained, that the system should always be switched on, in order to obtain the best results, but unfortunately, the ..... complainants company closed/shut down, resulting switching off of the relay/capacitor, consequentially not functioning properly, for which, the opposite party cannot be held responsible, for the improper usage of the system by the complainant, that after fully satisfied about the functioning ..... of the complaint, it is said, on 27.5.2004, the opposite party promised and assured to supply and erect the relay/capacitor, received advance, later on, it was agreed between the parties to supply automatic relay/capacitor and this being the position, it is not known, how the opposite party could be held responsible, for the penalty .....
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